A/HRC/25/60/Add.2
Special Rapporteur on the promotion and protection of human rights and fundamental
freedoms while countering terrorism, and the Special Rapporteur on torture and other cruel,
inhuman or degrading treatment or punishment had sent a joint urgent letter to the Egyptian
Government concerning three other individuals addressing the ongoing use of the Supreme
State Security Courts in Egypt despite the end of the state of emergency and the use of
evidence obtained through torture, in particular in cases related to terrorism charges. No
answer has yet been received. In this context, the Special Rapporteur draws attention to
paragraph 1 of Human Rights Council Resolution 16/23, which “condemns all forms of
torture and other cruel, inhuman or degrading treatment or punishment, including through
intimidation, which are and shall remain prohibited at any time and in any place whatsoever
and can thus never be justified, and calls upon all States to implement fully the absolute and
non-derogable prohibition of torture and other cruel, inhuman or degrading treatment or
punishment.” In addition, article 2(2) of the CAT and paragraph 2 of Resolution 16/23 of
the Human Rights Coucil provide that no exceptional circumstances whatsoever, whether a
state of war or a threat of war, internal political in stability or any other public emergency,
may be invoked as a justification of torture. With regard to the alleged use of evidence
obtained under torture before the courts, article 15 of the CAT and paragraph 7c of Human
Rights Council Resolution 16/23 provide that any statement made as a result of torture shall
not be invoked as evidence in any proceedings, except against a person accused of torture.
Article 12 of the CAT requires competent authorities to undertake a prompt and impartial
investigation wherever there are reasonable grounds to believe that torture has been
committed, and article 7 requires State parties to prosecute suspected perpetrators of
torture. With regard to the deteriorating health condition of Mr. Hefny, the Standard
Minimum Rules for the Treatment of Prisoners. Rule 22(2) provides that “(s)ick prisoners
who require specialist treatment shall be transferred to specialized institutions or to civil
hospitals.” Furthermore, Rule 25(1) provides that “(t)he medical officer shall have the care
of the physical and mental health of the prisoners and should daily see all sick prisoners, all
who complain of illness, and any prisoner to whom his attention is specially directed.” The
Special Rapporteur reminds the government of article 14 of the CAT, which provides that
victims of torture should have the right to redress and adequate compensation. The Special
Rapporteur calls on the Government to review any judicial decision rendered against Mr.
Hefny that may have been based on torture-tainted evidence; to undertake a prompt and
independent investigation of the torture of Mr. Ahmad Allam Mohamed Hefny, leading to
prosecution and punishment of the perpetrators; and to provide full redress to the victim.
(c)
UA 24/05/2013 Case No. EGY 7/2013 State Reply: None to date Alleged torture and illtreatment and the subsequent denial of medical treatment of Mr. Alaa Ahmed Mohamed
Hussein at the Naga Hammadi Police Station.
49.
The Special Rapporteur regrets that the government of Egypt has not responded to
this communication, thereby failing to cooperate with the mandate issued by the Human
Rights Council. The communication referred to the alleged torture and ill-treatment and the
subsequent denial of medical treatment of Mr. Alaa Ahmed Mohamed Hussein at the Naga
Hammadi Police Station, Qena, Egypt. According to the information received, during a
visit to the Naga Hammadi Police Station where his brother was being detained, an
argument ensued between Mr. Hussein and two uniformed police officers at the station
about their disrespect of visitors to the station. Two officers allegedly started hitting and
beating Mr. Hussein with a baton on different parts of his body, kicking and punching him
and dragging him on the floor, resulting in severe injuries. It is reported that immediately
following the incident, Mr. Hussein was detained overnight at the Naga Hammadi Police
Station, and that he did not receive any medical attention for the injuries he sustained. Mr.
Hussein reportedly appeared before the Naga Hammadi Prosecution, and was immediately
released without any charges. A complaint has been filed for the alleged torture, and an
investigation is supposedly ongoing. In this context, the Special Rapporteur reminds the
33
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents